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Amend CSHB 3485 (Senate committee report) as follows:
(1) Insert the following appropriately numbered SECTIONS to
the bill:
SECTION __. (a) Section 372.1011, Local Government Code,
is amended to read as follows:
Sec. 372.1011. APPLICABILITY. This subchapter applies only
to:
(1) a county with a population of 1.2 million
[825,000] or more, other than a county that:
(A) borders on the Gulf of Mexico or a bay or
inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 300,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 35,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
(b) This section takes effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes does not become law.
If the Act of the 81st Legislature, Regular Session, 2009, relating
to nonsubstantive additions to and corrections in enacted codes
becomes law, this section has no effect.
SECTION __. Subchapter C, Chapter 372, Local Government
Code, is amended by adding Section 372.1245 to read as follows:
Sec. 372.1245. ANNEXATION OR EXCLUSION OF LAND. (a) A
district may annex or exclude land from the district as provided by
Subchapter J, Chapter 49, Water Code.
(b) Before a district may adopt an order adding or excluding
land, the district must obtain the consent of:
(1) the county that created the district by a
resolution of the county commissioners court; and
(2) a municipality in which the district is located,
or in whose extraterritorial jurisdiction the district is located,
by a resolution adopted by the municipality's governing body.
SECTION __. Subsection (c), Section 372.127, Local
Government Code, is amended to read as follows:
(c) A county must adopt an order providing whether a
district has the authority to impose a hotel occupancy tax, sales
and use tax, or ad valorem tax, and must provide the maximum rate at
which the district may impose the tax. [A tax rate approved by the
commissioners court and pledged to secure bonds, notes, grant
agreements, or development agreements may not be reduced until the
obligations of those instruments have been satisfied.]
SECTION __. (a) Section 382.002, Local Government Code, is
amended to read as follows:
Sec. 382.002. APPLICABILITY. This chapter applies only
to:
(1) a county with a population of 1.2 million
[825,000] or more, other than a county that:
(A) borders on the Gulf of Mexico or a bay or
inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 300,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 35,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
(b) This section takes effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes becomes law. If the
Act of the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law, this section has no effect.
SECTION __. Subchapter C, Chapter 382, Local Government
Code, is amended by adding Section 382.113 to read as follows:
Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND. (a) A
district may annex or exclude land from the district as provided by
Subchapter J, Chapter 49, Water Code.
(b) Before a district may adopt an order adding or excluding
land, the district must obtain the consent of:
(1) the county that created the district by a
resolution of the county commissioners court; and
(2) a municipality in which the district is located,
or in whose extraterritorial jurisdiction the district is located,
by a resolution adopted by the municipality's governing body.
SECTION __. Subsection (c), Section 382.153, Local
Government Code, is amended to read as follows:
(c) A county must adopt an order providing whether a
district has the authority to impose a hotel occupancy tax, sales
and use tax, or ad valorem tax, and must provide the maximum rate at
which the district may impose the tax. [A tax rate approved by the
commissioners court and pledged to secure bonds, notes, grant
agreements, or development agreements may not be reduced until the
obligations of those instruments have been satisfied.]
SECTION __. (a) The legislature validates and confirms all
governmental acts and proceedings before the effective date of this
Act of a district created under Subchapter C, Chapter 372, Local
Government Code, as that chapter existed before the effective date
of this Act, including acts of the district's board of directors.
(b) Subsection (a) of this section does not apply to a
matter that on the effective date of this Act:
(1) is involved in litigation, if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION __. (a) The Sections of this Act amending Chapter
372, Local Government Code, take effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes does not become law.
If the Act of the 81st Legislature, Regular Session, 2009, relating
to nonsubstantive additions to and corrections in enacted codes
becomes law, the Sections of this Act amending Chapter 372, Local
Government Code, have no effect.
(b) The Sections of this Act amending Chapter 382, Local
Government Code, take effect only if the Act of the 81st
Legislature, Regular Session, 2009, relating to nonsubstantive
additions to and corrections in enacted codes becomes law. If the
Act of the 81st Legislature, Regular Session, 2009, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law, the Sections of this Act amending Chapter 382, Local
Government Code, have no effect.
(2) Renumber SECTIONS of the bill appropriately.